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Equity Participation Loan Agreement
1. Parties: Identifies all parties to the agreement, including legal names and addresses
2. Background/Recitals: Sets out the context and purpose of the loan agreement
3. Definitions: Defines key terms used throughout the agreement
4. Loan Terms: Principal amount, interest rate, and repayment terms
5. Equity Participation Rights: Details of equity conversion or profit-sharing mechanisms
6. Security and Collateral: Description of any assets securing the loan
7. Representations and Warranties: Statements of fact by both parties
8. Events of Default: Circumstances constituting default and remedies
9. Governing Law: Applicable jurisdiction and choice of law
1. Subordination Provisions: Required when there are multiple lenders or debt instruments requiring prioritization of claims
2. Registration Rights: Provisions governing rights regarding registration of securities when equity participation includes convertible securities
3. Board Observer Rights: Provisions granting rights to attend board meetings when lender requires governance participation
4. Information Rights: Provisions detailing rights to receive financial and other information when lender requires ongoing company information
1. Payment Schedule: Detailed repayment timeline and amounts
2. Equity Participation Formula: Mathematical formula for calculating equity participation
3. Security Documents: Details of collateral and security arrangements
4. Financial Covenants: Specific financial metrics and requirements
5. Required Notices: Forms and templates for required notifications
6. Conversion Mechanics: Detailed procedures for equity conversion if applicable
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